Singapore legislation

Regulation 5

of Child Development Co-Savings (Leave and Benefits) Regulations 2017

Regulation 5

Claim for payment from Government under section 9(5A), 12A(2), 12DC(2) or 12HA(2) of Act

Amended byS 225/2025 wef 01/04/2025S 225/2025 wef 01/04/2025S 939/2024 wef 01/01/2025S 225/2025 wef 01/04/2025S 939/2024 wef 01/01/2025S 225/2025 wef 01/04/2025S 225/2025 wef 01/04/2025S 225/2025 wef 01/04/2025S 225/2025 wef 01/04/2025S 931/2023 wef 31/12/2021S 225/2025 wef 01/04/2025S 931/2023 wef 31/12/2021S 931/2023 wef 31/12/2021S 225/2025 wef 01/04/2025S 225/2025 wef 01/04/2025S 225/2025 wef 01/04/2025S 931/2023 wef 31/12/2021S 939/2024 wef 01/01/2025S 225/2025 wef 01/04/2025S 225/2025 wef 01/04/2025S 225/2025 wef 01/04/2025S 225/2025 wef 01/04/2025S 931/2023 wef 01/01/2024S 225/2025 wef 01/04/2025S 225/2025 wef 01/04/2025S 931/2023 wef 01/01/2024S 225/2025 wef 01/04/2025S 931/2023 wef 01/01/2024S 931/2023 wef 01/01/2024S 931/2023 wef 01/01/2024S 324/2024 wef 16/04/2024S 931/2023 wef 31/12/2021S 931/2023 wef 31/12/2021S 225/2025 wef 01/04/2025S 225/2025 wef 01/04/2025S 827/2021 wef 01/11/2021S 931/2023 wef 01/01/2024S 225/2025 wef 01/04/2025

Subregulation 1

Amended byS 225/2025 wef 01/04/2025S 225/2025 wef 01/04/2025

Any person who is entitled to claim payment from the Government under section 9(5A), 12A(2), 12DC(2) or 12HA(2) of the Act (called in this regulation a claimant) must submit the claim —

(a)

within 15 months after the day of the person’s confinement (in the case of a claim under section 9(5A) of the Act), or after the date of birth of a child (in the case of a claim under section 12A(2), 12DC(2) or 12HA(2) of the Act); or

(b)

within such extended period of time as the Director may allow in any particular case.

Subregulation 2

Amended byS 939/2024 wef 01/01/2025S 225/2025 wef 01/04/2025

The amount of payment that a claimant is entitled to claim from the Government under section 9(5A) or 12A(2) of the Act is calculated in accordance with the following formula:

Subregulation 3

Amended byS 939/2024 wef 01/01/2025S 225/2025 wef 01/04/2025

The amount of payment that a claimant is entitled to claim from the Government under section 12DC(2) or 12HA(2) of the Act is calculated in accordance with the following formula:

Subregulation 4

Amended byS 225/2025 wef 01/04/2025S 225/2025 wef 01/04/2025S 225/2025 wef 01/04/2025S 931/2023 wef 31/12/2021S 225/2025 wef 01/04/2025S 931/2023 wef 31/12/2021S 931/2023 wef 31/12/2021S 225/2025 wef 01/04/2025S 225/2025 wef 01/04/2025S 225/2025 wef 01/04/2025S 931/2023 wef 31/12/2021S 939/2024 wef 01/01/2025S 225/2025 wef 01/04/2025S 225/2025 wef 01/04/2025S 225/2025 wef 01/04/2025S 225/2025 wef 01/04/2025S 931/2023 wef 01/01/2024S 225/2025 wef 01/04/2025S 225/2025 wef 01/04/2025S 931/2023 wef 01/01/2024S 225/2025 wef 01/04/2025S 931/2023 wef 01/01/2024S 931/2023 wef 01/01/2024S 931/2023 wef 01/01/2024S 324/2024 wef 16/04/2024

In paragraphs (2) and (3) —

(a)

GP is the aggregate gross rate of pay of the claimant for any of the following applicable periods:

(i)

in the case of a claim under section 9(5A) of the Act — for the period that the claimant is or was a female employee (as defined in section 9A(8) of the Act) during the 12 months immediately before the day of the woman’s confinement;

(ii)

in the case of a claim under section 12A(2) of the Act — for the period that the claimant, being an eligible adoptive mother mentioned in section 12A of the Act, has been employed (whether in Singapore or elsewhere) during the 12 months immediately before the eligibility date of the application to adopt the child;

(iia)in the case of a claim under section 12DC(2) of the Act — for the period that the claimant, being an eligible parent mentioned in section 12DC of the Act, has been employed (whether in Singapore or elsewhere) during the 12 months immediately before the date of birth of the child or the eligibility date of the application to adopt the child, whichever is applicable;

(iii)

in the case of a claim under section 12HA(2) of the Act — for the period that the claimant, being an eligible father mentioned in section 12HA of the Act, has been employed (whether in Singapore or elsewhere) during the 12 months immediately before the day of the mother’s confinement or the eligibility date of the application to adopt the child, whichever is applicable,but excludes in each case any gross rate of pay that the claimant is entitled to receive from a particular employer for the period that the claimant was employed by that employer during those 12 months if —

(iv)

upon the making of representations to the Minister charged with the responsibility for manpower under section 35 of the Industrial Relations Act 1960, that Minister is satisfied that the claimant was dismissed with just cause or excuse by that employer before the day of confinement mentioned in sub-paragraph (i) or (iii), the date of birth of the child mentioned in sub-paragraph (iia), or the eligibility date mentioned in sub-paragraph (ii), (iia) or (iii), whichever is applicable;

(v)

on a referral to the Minister charged with the responsibility for manpower under the Employment Act 1968 before 1 April 2019, that Minister is satisfied that the claimant was dismissed for sufficient cause by that employer before the day of confinement mentioned in sub-paragraph (i) or (iii), or the eligibility date mentioned in sub-paragraph (ii) or (iii), whichever is applicable;

(vi)

an Employment Claims Tribunal constituted under section 4 of the State Courts Act 1970 has decided, after hearing a claim mentioned in section 14(2) or 84(2) of the Employment Act 1968 that the claimant was dismissed with just cause or excuse, or for sufficient cause (as the case may be), by that employer before the day of confinement mentioned in sub-paragraph (i) or (iii), the date of birth of the child mentioned in sub-paragraph (iia), or the eligibility date mentioned in sub-paragraph (ii), (iia) or (iii), whichever is applicable; or

(vii)

any other court of competent jurisdiction in Singapore has decided that the claimant was dismissed with just cause or excuse, or for sufficient cause (as the case may be), by that employer before the day of confinement mentioned in sub-paragraph (i) or (iii), the date of birth of the child mentioned in sub-paragraph (iia), or the eligibility date mentioned in sub-paragraph (ii), (iia) or (iii), whichever is applicable;

(b)

ECPF is the aggregate of each contribution that an employer is or was liable to make to the Central Provident Fund under the Central Provident Fund Act 1953 in respect of the amount of the claimant’s GP, and that is not recoverable from the claimant’s monthly wages while the claimant is or was employed;

(ba)POCPF is the aggregate of each contribution that a platform operator is or was liable to make to the Central Provident Fund under the Central Provident Fund Act 1953 in respect of the amount of the claimant’s NI, and that is not recoverable from the claimant’s earnings for the period that the claimant is or was a platform worker during the 12 months immediately before the day of confinement mentioned in sub-paragraph (a)(i) or (iii), the date of birth of the child mentioned in sub-paragraph (a)(iia), or the eligibility date mentioned in sub-paragraph (a)(ii), (iia) or (iii), whichever is applicable;

(c)

NI is the net income derived by the claimant from the claimant’s trade, business, profession or vocation, for the period that the claimant is or was self-employed (whether in Singapore or elsewhere) during the 12 months immediately before the day of confinement mentioned in sub-paragraph (a)(i) or (iii), the date of birth of the child mentioned in sub-paragraph (a)(iia), or the eligibility date mentioned in sub-paragraph (a)(ii), (iia) or (iii) (whichever is applicable), as set out in a document stating the income earned and expenses incurred by the claimant or in any other form that the Director may require;

(d)

C is —

(i)

in the case of a claim under section 9(5A) of the Act — 56 (for the claimant’s first or second specified event) or 112 (for the claimant’s third or subsequent specified event);

(ii)

in the case of a claim under section 12A(2) of the Act — 56 (for the claimant’s first or second specified event) or 84 (for the claimant’s third or subsequent specified event); (iia)in the case of a claim under section 12DC(2) of the Act — the number representing the number of days calculated in accordance with the formula mentioned in section 12DC(2)(b) of the Act; and

(iii)

in the case of a claim under section 12HA(2) of the Act —

(A)

for a claimant who is a specified eligible father defined in section 12HA(11) of the Act — 28; or

(B)

for any other claimant — 14;

(e)

A is the number of days for which —

(i)

in the case of a claim under section 9(5A) or 12A(2) of the Act, the claimant’s employer —

(A)

has paid, or is required to pay, the claimant any amount in respect of her confinement or adoption of the child, whichever is applicable; and

(B)

is entitled to claim, or has claimed, reimbursement from the Government for such payment under section 10 or 12AD of the Act (whether or not pursuant to an exemption under section 22 of the Act); (ia)in the case of a claim under section 12DC(2) of the Act, the claimant’s employer —

(A)

has paid, or is required to pay, the claimant any amount in respect of the birth or adoption of the child, as the case may be; and

(B)

is entitled to claim, or has claimed, reimbursement from the Government under section 12DB of the Act for the payment mentioned in sub-paragraph (A) (whether or not pursuant to an exemption under section 22 of the Act); and

(ii)

in the case of a claim under section 12HA(2) of the Act, the claimant’s employer —

(A)

has paid, or is required to pay, the claimant any amount in respect of the delivery or adoption of the child, as the case may be; and

(B)

is entitled to claim, or has claimed, reimbursement from the Government for such payment under section 12J or 12JA of the Act (whether or not pursuant to an exemption under section 22 of the Act);

(f)

W is the claimant’s weekly index;

(g)

N, which applies if the claimant making a claim under section 9(5A) or 12A(2) of the Act has made an election under section 12E(5) of the Act in relation to the natural or adoptive father of the child and the conditions mentioned in section 9A(5A)(b)(ii)(A) or (B) of the Act or section 12A(4)(b)(i) or (ii) of the Act (whichever is applicable) apply, is the integer 1, 2, 3 or 4 as specified by the claimant in her election made under section 12E(5) of the Act; and

(h)

D, which applies if the claimant’s employment was terminated upon completion of the claimant’s contract of service, is the number of days during the applicable absence period before the completion of that contract of service, that the claimant was not absent from work.

Subregulation 5

Amended byS 931/2023 wef 31/12/2021S 931/2023 wef 31/12/2021S 225/2025 wef 01/04/2025S 225/2025 wef 01/04/2025S 827/2021 wef 01/11/2021S 931/2023 wef 01/01/2024

In paragraph (4)(h), the applicable absence period is —

(a)

in the case of a claimant for a claim under section 9(5A) of the Act —

(i)

any period after the first 8 weeks of the claimant’s entitlement to be absent from work under section 9(1) or (1B) of the Act, or under section 76(1) of the Employment Act 1968 and section 9(1A) of the Act (for the claimant’s first or second specified event); or

(ii)

any period of the claimant’s entitlement to be absent from work under section 9(1) or (1B) of the Act, or under section 76(1) of the Employment Act 1968 and section 9(1A) of the Act (for the claimant’s third or subsequent specified event);

(b)

in the case of a claimant for a claim under section 12A(2) of the Act — any period after the first 4 weeks of the claimant’s entitlement to be absent from work under section 12AA(1) of the Act (for the claimant’s first or second specified event), or any period of the claimant’s entitlement to be absent from work under section 12AA(1) of the Act (for the claimant’s third or subsequent specified event); (ba)in the case of a claimant for a claim under section 12DC(2) of the Act — any period of the claimant’s entitlement to be absent from work under section 12DA(2) of the Act; and

(c)

in the case of a claimant for a claim under section 12HA(2) of the Act — any period of the claimant’s entitlement to be absent from work under section 12H(1) of the Act.